The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-04-19

out subJecting themselves to penalties an
nounced by the statute for violating its pro-
visions.
NOT IN ITS JURISDICTION.
Careful reading of the Act to regulate
commerce. under which this commission is
organized, will show to the petitioners and
others who have made similar applications
that no jurisdiction has been given us to
answer questions like those under considera-
ton. An expression of our opinion upon
these subjects at this time, being neither
duty imposed nor power conferred by
statute, would carry with it no judicial eff
cacy or sanctioM in fact would be no more
useful to the public or carriers than the
opinion of other men upon the same points.
Two sections of the law confer power upon
the commission to entertain and decide APP
phcations and petitions Section 1
empowers us upon application by
common carrier to authorize such
common carrier in special cases to
charge less for longer than for shorter
distances over the same line, and also to
prescribe the extent of relief from the
operation OF the former part of the same
section, which a designated common car
rier may from time to time enjoy. a large
number Of petitions have been filed under
this section, consideration of which is at
this time engaging the attention of the
commission, and nothing said in this opin-
ing thereon. It is obvious that applica-
tions like those of the railroad conductors
and Travellers and Traders Union have no
relation whatever to the duties imposed
upon us by section f. and this is the only
section of the law which the commission
has power to suspend and relax.
SECTION 13
"Section Is authorizes complaints to the
commission, and confers jurisdiction to en-
tertain the same. 1t provides that any per-
son, etc. complaining of anything done or
omitted to be done by any common carrier,
subject to the provisions of this act, in
contravention Of the provisions thereof may
apply to said commission by petition, which
shall briefly state the facts" notice and, OPP
portunity for answer having been given un-
less satisfaction Is made an investigation is
required. Upon such an investigation the
commission will necessarily entertain con
sideratiOn of the question whether the con
duct complained is or is not in contraven-
ton of the provisions of the law and if it
so adjudgeS it is authorized to issue notice
enjoining the carrier from further violation
of the law, and to award reparation for in
jury done, or both. But neither the
railway conductors nor the Traders and
Travellers Union complain that any com
mon carrier has violated the law. On the
contrary, they both aver that the railroad
companies do not now violate the law and
do not wish to do so. The conductors say
that they fear they will not receive passes
as heretofore and the traders and travellers
say that they fear commercial travellers will
not be allowed free transportation for $50
pounds of extra baggage, as was allowed
last year. They present no complaint OF
ANYTHING done or omitted in cOntraventiOn
of the provisions OF the law. If railroad
company should issue a pass to conductor
and his family to attend an approaching
convention or should transport 800 pounds
of baggage free for a commercial
traveller under the registry and indemnity
system, and some person feeling aggrieved
should make n complaint of unjust discrimi-
nation it would then be proper for the
commission to entertain the question of
whether such conduct was or was not in vlO-
lation of the law, and if so, whether it was
within the exceptions stated within sec
tiOn -.
complaints may also be presented if
charges made by carriers are not considered
reasonable and Just. But until questions of
this kind come before us in the way clearly
indicated by the statute, it would be worse
than useless for us to express an opinion
We should not only lay ourselves justly
open to the charge of assuming unwar-
ranted authority, but should also run great
risk of involving all concerned in what
the courts might afterwards hold to be
breaches of the law by hasty and ill-con-
sidered conclusions based upon e3r pdTte state
mentS, although it might be desirable or
convenient in respect to any piece of new
legislation to have a tribunal established to
which inquirers might apply for instruc-
tions respecting the meaning of the law and
it's application to suggested circumstances
and conditions. A moments reflection will
show that no such tribunal could be proper
" erected Congress has not taken the man
A,,fAl 10 TNf Is of
the railroad companies. 1t has simply eS-
tablished certain principles under which in
teistate commerce must be conducted.
THE LAW IN A NUTSHELL.
SIT has been enacted in section that all
charges for interstate transportation shall
he reasonable and just;' has prohibited in
section all manner of unjust discrimina-
ton; has forbidden i'll section 3 all undue
and unreasonable preferences and advant-
ages: has required in the same section rea-
sonable and equal facilities for interchange
of traffic, and has prohibited in section )
pooling of freights. That in substance, is
the interstate commerce law. There is moth
ing novel in these provisions. They simply
bring back the business of common carriers
to well settled principles of common
law. Yet no one can deny that there
was urgent need of their statutary formula
ton. The alleged difficulties in putting
them IN operation only disclose examples OF
the extent TO which they have been violated
in the past. These sections Of the act are
expressed in plain words Construction
must be given them, in the first instance, by
the carriers and their patrons When a
course of conduct has been adopted of
which complaint is made that it violates
the law decision OF the question will rest
with the courts or with the commission as
the complaining party may elect This is
the orderly method in which all legislation
is administered and applied, and the statute
in question presents no exception.
RAP At THE ROADS.
"One more suggestion may properly be
added Ii appears from numerous petitions
laid bel lre Us, many OF them obviously upon
the suggestion II not by the procurement Of
carriers themselves, that common comment
on the law by the carriers and those who
have heretofore enjoyed special favors de-
sciibes the system Of penalties which the law
provides as extreme and the risk imposed
upon inintentioual viOators Of It's provisions
ns enormous such comments are neither
fair nor just II Is true that section pro-
yid.s that for violations of the law and for
failure b. do an act which the law requires,
the Offending carrier shall be liable
"a the injured party for actual
damages sustained II il also true that aec-
ton 10 imposes iinc Of not b. exceed
$4,000 upon carriers and their officers, agents
a..HH a. 49, l..